Last updated: 01/01/2023
Welcome to Wi Digital!
These terms and conditions govern your access to and use of www.widigitalsystems.com,
the Wi Digital App (the “App”) and any other website or application in which
we present these terms and conditions (collectively with any content, shopping
services, and community services provided and apps, the “Platform”). The
Platform is owned and operated by Wi Digital Systems, Inc. (“Wi Digital/we/us”).
These terms and conditions include and incorporate the additional policies and
terms referenced here (collectively with these terms and conditions, the
“Terms”). By using our
Platform, you accept and agree to the Terms. These terms require you to
submit claims exclusively to individual (non-class action) binding arbitration.
If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining conditions. If you do not agree to
the Terms, please do not use the Platform and exit immediately.
We reserve the right to
change the Terms from time to time. These changes will become effective when we
post them. Your continued use of our Platform after we post changes to the
Terms will mean you accept those changes.
1.
ELIGIBILITY
You must be at least 18 years old to access the
Platform. If you are less than 18 years old, you can register for an account or
use the Platform only after your parent(s), legal representative or guardian has
consented to these Terms. Wi Digital may at all times request written proof of such consent.
2.
PLATFORM CONTENT
All of the content featured or displayed on the
Platform, including without limitation text, graphics, photographs, images,
moving images, sound, and illustrations (“Content”), is owned by Wi Digital,
its licensors, affiliates, vendors, agents and/or its Content providers. All
elements of the Platform, including without limitation the general design and
the Content, are protected by trade dress, copyright, moral rights, trademark,
and other laws relating to intellectual property rights. The Platform may only
be used for the intended purpose for which that Platform is being made
available.
Except as otherwise indicated in specific areas
within the Platform, you are authorized to view, play, print, and download
documents, audio, and video found on our Platform for personal, informational,
and noncommercial purposes only. You may not modify any of the materials and
you may not copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer or sell any information or work
contained on the Platform. Except as authorized under the copyright laws, you
are responsible for obtaining permission before reusing any copyrighted
material that is available on the Platform. For purposes of these Terms, the
use of any such material on any other website or networked computer environment
is prohibited. You must comply with all applicable domestic and international
laws, statutes, ordinances, and regulations regarding your use of the Platform.
The Platform, its Content, and all related rights will remain the exclusive
property of Wi Digital or its licensors unless otherwise expressly agreed. You
will not remove any copyright, trademark, or other proprietary notices from
material found on this Platform.
3.
PRODUCTS, FEATURES
All products, content, features, specifications,
and prices of products and services described or depicted on this Platform are
subject to change at any time without notice. Certain weights, measures, and
similar descriptions are approximate and are provided for convenience purposes
only. We make all reasonable efforts to accurately display the attributes of
our products, including features and specifications and applicable colors;
however, the actual color you see will depend on your computer system, and we
cannot guarantee that your computer will accurately display such colors. By
placing an order, you represent that the products ordered will be used only in
a lawful manner.
4.
ACCURACY OF INFORMATION
We attempt to ensure that information on this
Platform is complete, accurate, and current. Despite our efforts, the
information on this Platform may occasionally be inaccurate, incomplete, or out
of date. Except as prohibited by applicable New Jersey law, we make no
representation as to the completeness, accuracy, or currency of any information
on this Platform. For example, products included on this Platform may be
unavailable, may have different attributes than those listed, or may actually
carry a different price than that stated on this Platform. In addition, we may
make changes in information about price and availability without notice. While
it is our practice to confirm orders by email, the receipt of an email order
confirmation does not constitute our acceptance of an order or our confirmation
of an offer to sell a product or service. We reserve the right, without prior
notice, to limit the order quantity on any product or service and/or to refuse
service to any customer. We also may require verification of information prior
to the acceptance and/or shipment of any order.
5.
SHIPPING LIMITATIONS
When an order is placed, it will be shipped to
an address designated by the purchaser as long as that shipping address is
compliant with the shipping restrictions contained on this Platform. All
purchases from this Platform are made pursuant to a shipment contract. As a
result, the risk of loss and title for items purchased from this Platform pass
to you upon delivery of the items to the carrier.
6.
USER-GENERATED CONTENT – INFORMATION CONTROL
All comments, remarks, opinions, questions,
suggestions, information, links, artwork, graphics, photographs, videos and
other materials that you or other users of the Platform post, upload, transmit,
display or otherwise make available through the Platform (“User Generated
Content”) are the sole responsibility of you or the person who provided that
User Generated Content and NOT Wi Digital. You must not suggest, directly
or indirectly, that Wi Digital endorses your User Generated Content.
Wi Digital does not control User Generated
Content and does not guarantee the accuracy, integrity, or quality of any User
Generated Content. Furthermore, the User Generated Content is for
informational purposes only and is not intended to be a substitute for
professional advice. We are not responsible for any User-Generated Content and
will not be liable for any loss or damage caused by any User Generated Content
or your use of or reliance on it. You understand that by using the Platform,
you may be exposed to User-Generated Content that is offensive, indecent, or
objectionable. m. By using the Platform, you may be exposed to User-Generated
Content that you find offensive, objectionable, harmful, inaccurate, or
deceptive. There may also be risks of dealing with underage persons, people
acting under false pretense, international trade issues, and foreign nationals.
By using our Platform, you assume all associated risks.
By posting, uploading, transmitting, displaying,
or otherwise making available User Generated Content through the Platform, you
agree that:
·
you are at least 18
years old
·
you are the owner of all
rights to that User-Generated Content;
·
you have the right to
allow our use of that User-Generated Content under these Terms;
·
you have waived all
"moral rights" that you may have in that User Generated Content,
including but not limited to the right to be identified as the author of that
content;
·
all User Generated
Content that you post is accurate; does not violate these Terms; will not
result in a violation of any agreement to which you are currently bound or will
become bound in the future; does not and will not violate any applicable law;
and will not cause injury to any person or entity.
7.
USER-GENERATED CONTENT – YOUR LICENSE TO US
User-Generated Content remains the intellectual
property of the individual user. By posting, uploading, transmitting, displaying,
or otherwise making available User Generated Content through the Platform, you
grant Wi Digital a non-exclusive, perpetual, irrevocable, royalty-free,
worldwide, fully sub-licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display that User Generated Content, in whole or in part, throughout the world
in any form, medium or technology, whether now known or later developed.
All User-Generated Content that you post,
upload, transmit, display or otherwise make available through the Platform may
be used by Wi Digital in accordance with our Privacy Policy. Wi Digital
reserves the right to change, condense, delete, or refuse to post any User
Generated Content on the Platform at its sole discretion. Wi Digital does not
guarantee that you will be able to edit or delete any User Generated Content
you have made available in connection with the Platform. We are not under any
obligation to keep confidential the User-Provided Content that you make
available through the Platform.
We may modify or adapt User Generated Content,
including in order to transmit, display or distribute it over networks and to
conform to the requirements of networks, services, or other media. We or others
may, in our sole discretion, refer to your name or other identifiers you
provided when posting User Generated Content. You promise that our publication
and use of your User Generated Content will not infringe the rights of any
third party.
8. THIRD-PARTY LINKS
From time to time, this Platform may contain
links to websites that are not owned, operated, or controlled by Wi Digital or
its affiliates. All such links are provided solely as a convenience to you. If
you use these links, you will leave this Platform. Neither we nor any of our
respective affiliates are responsible for any content, materials, or other
information located on or accessible from any other website. Neither we nor any
of our respective affiliates endorse, guarantee, or make any representations or
warranties regarding any other websites, any content, materials, or other
information located or accessible from any other websites, or the results that
you may obtain from using any other web sites. If you decide to access any
other websites linked to or from this Platform, you do so entirely at your own
risk.
9.
UNAUTHORIZED USE OF COMPUTER SYSTEM
You agree to comply with all laws, rules, and
regulations applicable to your access to and use of the Platform. In addition,
you agree not to post, upload, transmit, display or otherwise make available
through the Platform any User Generated Content that is unlawful, misleading,
threatening, harassing, defamatory, libelous, obscene, profane, invasive of
another’s privacy, or that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, that harms
minors or that otherwise violates any law. Such violations may subject the
sender and his or her agents to civil and criminal penalties. You further
understand and agree that sending unsolicited email advertisements to any user
of the Platform or the Platform or through Voice computer systems is expressly
prohibited by these Terms. Any such unauthorized use of our Platform or
computer systems is a violation of these Terms and applicable “anti-spam” laws.
In addition to any remedies that we may have at law or in equity, if we
determine, in our sole discretion, that you have violated or are likely to
violate the foregoing prohibitions, we may take any action we deem necessary to
cure or prevent the violation, including without limitation, the immediate removal
of the related materials from this Platform. We will fully cooperate with any
law enforcement authorities or court order or subpoena requesting or directing
us to disclose the identity of anyone posting such materials.
10.
ACCESS AND INTERFERENCE
You agree that you will not use any robot,
spider, scraper, or other automated means to access the Platform for any
purpose without our express written permission. Additionally, you agree that
you will not do or attempt to do any of the following: (i) take any action that
imposes, or may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) interfere with the
proper working of the Platform, any activities conducted on the Platform
or any networks connected to the Platform; (iii) bypass any measures we may use
to prevent or restrict access to the Platform, whether through hacking,
password “mining” or any other unauthorized means, (iv) probe, scan, or test
the vulnerability of the Platform or any network connected to the Platform, or
(v) harvest or otherwise collect and store information about other users of the
Platform, including e-mail addresses.
11.
ACCOUNT SECURITY
You are entirely responsible for the security
and confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You agree
to immediately notify us of any unauthorized use of your account or any other
breach of security of which you become aware. You are responsible for taking
precautions and providing security measures best suited for your situation and
intended use of the Platform.
12.
FEES
For all charges for any products and services
sold on the Platform, Wi Digital will bill your credit card or alternative payment
method offered by Wi Digital. Any seasonal surcharges will be included in your
order's delivery total and are non-refundable. If legal action is necessary to
collect on balances due, you agree to reimburse Wi Digital for all expenses
incurred to recover sums due, including attorneys' fees and other legal
expenses. You are responsible for the purchase of, and payment of charges for,
all Internet access services and telecommunications services needed for use of
this Platform.
13.
FORCE MAJEURE
Neither Wi Digital nor you shall be responsible
for damages or for delays or failures in performance resulting from acts or
occurrences beyond their reasonable control, including, without limitation:
fire, lightning, explosion, power surge or failure, water, acts of God, war,
revolution, civil commotion or acts of civil or military authorities or public
enemies: any law, order, regulation, ordinance, or requirement of any
government or legal body or any representative of any such government or legal
body; or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of other common
carriers.
14.
PRIVACY
Your use of our Platform
is subject to our Privacy Policy. Please read our Privacy Policy.
15.
DISCLAIMER
Except as prohibited by applicable New Jersey
law, the information, materials, and services provided on or through this
Platform are provided “as is” without any warranties of any kind including
warranties of merchantability, fitness for a particular purpose, or
non-infringement of intellectual property. Except as prohibited by applicable
New Jersey law, neither Wi Digital, nor any of its respective affiliates (i)
warrants the accuracy or completeness of the information, materials, or
services provided on or through the Platform or (ii) makes any commitments or
assumes any duty to update such information, materials or services.
Neither Wi Digital, nor any of its respective
affiliates, warrants that the functions contained in this Platform will be
uninterrupted or error-free, that defects will be corrected, or that the server
that makes the content available will be free of viruses or other harmful
components.
Except as prohibited by applicable New Jersey
law , we hereby disclaim all warranties of any kind, either express or implied,
including, any implied warranties with respect to the products and services
listed or purchased on or through this Platform. Without limiting the
generality of the foregoing, we hereby expressly disclaim all liability for
product defect or failure, claims that are due to normal wear, product misuse,
abuse, product modification, improper product selection, non-compliance with
any codes, or misappropriation, except as prohibited by applicable New Jersey
law. We make no warranties to those defined as “consumers” in the Magnuson-Moss
Warranty Act.
16.
LIMITATION OF LIABILITY
Your use of the Platform is at your own risk.
You agree that our sole obligation to you is to provide the Platform “as is.”
Except as prohibited by applicable New Jersey law, neither Wi Digital nor any
of its employees, officers, directors nor any of its agents or any other party
involved in creating, producing, or delivering the Platform shall be liable to
you or to any third party for your use of, or the inability to use, the
Platform and its Content except in cases of (a) gross negligence, recklessness,
or an act of knowing or intentional willful misconduct; or (b) a violation of a
consumer protection statute in connection with the Platform.
Except as prohibited by applicable New Jersey
law, in no event will Wi Digital or any of their respective officers,
directors, employees, shareholders, affiliates, agents, successors or assigns,
nor any party involved in the creation, production, or transmission of this
Platform, be liable to you or anyone else for any indirect, special, punitive,
incidental or consequential damages (including, without limitation, those
resulting from lost profits, lost data or business interruption) arising out of
the use, inability to use, or the results of the use of the Platform, any
Platforms linked to this Platform, and its Content, whether based on warranty,
contract, tort or any other legal theory and whether or not advised of the
possibility of such damages. Please refer to your local laws for any such prohibitions.
NEW JERSEY RESIDENTS: With respect to these Terms, the provision concerning the
exclusion or limitation of certain damages is not applicable in New Jersey with
respect to statutory damages, punitive damages, loss of data, and loss of or
damage to property. Please refer to the Section below titled “LEGAL NOTICE TO
NEW JERSEY RESIDENTS.”
If there are any problem with this Platform or
any Content, you agree that your sole remedy is to cease using this Platform.
If there is any problem with the products or services that you have purchased
on or through this Platform, you agree that your sole remedy, if any, is from
the manufacturer of such products or supplier of such services, in accordance
with such manufacturer's or supplier's warranty, or to seek a return and refund
for such product or services in accordance with the returns and refunds
policies posted on this Platform. Except as prohibited by applicable New Jersey
law, in no event shall Wi Digital’ total liability to you for all damages,
losses, and causes of action whether in contract, tort (including, but not
limited to, negligence), or otherwise exceed the greater of (a) fifty dollars
($50.00) or (b) the value of your purchase on the Platform.
17.
LEGAL NOTICE TO NEW JERSEY RESIDENTS
No provision in these Terms shall apply to any
consumer in New Jersey if the provision limits redress for/under: (i) Wi
Digital’ tortious actions (e.g., negligence, failure to exercise a basic
standard of care, failure to avoid creating an unreasonable risk of harm); (ii)
the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the
statutorily imposed duty to refrain from manufacturing and selling dangerous
products, with the possibility of punitive damages for violations thereof);
(iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e.,
the statutory right to pursue punitive damages if there is harm caused by
actual malice, wanton and willful disregard, reckless indifference); (iv) the
New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime
governing the rights and duties of buyers and sellers with respect to contracts
for the sale of goods, with the possibility of damages for economic and
property harm); and (v) Wi Digital’ failure to reasonably protect against harm
arising from certain criminal acts of third parties (e.g., computer hacking and
identity theft, as regulated by the Federal Trade Commission and the Federal
Communications Commission, and as governed by the New Jersey Identity Theft
Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud
Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms, the provision
concerning the exclusion or limitation of certain damages is not applicable in
New Jersey with respect to statutory damages, punitive damages, loss of data,
and loss of or damage to property.
18.
INDEMNITY
Except as prohibited by applicable New Jersey
law, you agree to defend, indemnify and hold Wi Digital and any affiliated
company or individual harmless from any and all liabilities, costs, and
expenses, including reasonable attorneys' fees, related to any violation of
these Terms by you or your authorized users, or in connection with the use of
the Platform or the Internet or your purchases or the placement or transmission
of any message or information on this Platform by you or your authorized users
or your violation of any law or the rights of a third party.
19.
RELEASE
If you have a dispute with one or more other
users of the Platform, you release Wi Digital (and its officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes.
20.
TERMINATION
You or we may suspend or terminate your account
or your use of this Platform at any time, for any reason, or for no reason. You
are personally liable for any orders placed or charges incurred through your
account prior to termination. We may also block your access to our Platform if
(a) you breach these Terms; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions may cause
financial loss or legal liability for you, our users or us.
21.
PLATFORM DISPUTES
“Platform Disputes” include: (a) any claim you
may have against Wi Digital in connection with the Site, (b) any claim Wi Digital
may have against you in connection with the Site, and (c) any action to enforce
the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Platform Disputes.
Any claim arising from your purchase of a Wi Digital product or service is a
Non-Platform Dispute. Any claim arising from the content of any offer or
advertisement on the Site is a Non-Platform Dispute.
22.
PLATFORM DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION
WAIVER
Neither you nor we will be able to sue in court
in connection with a Platform Dispute. All Platform Disputes must be resolved
through individual (non-class) arbitration. You indicate your acceptance of
these Terms and Conditions, including this agreement to arbitrate, by
continuing to use the Site after having the opportunity to review these Terms
and Conditions.
You and Wi Digital intend for this to be an agreement
for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9
U.S.C.A. §§ 1–16.
You and Wi Digital waive any rights to maintain
other available resolution processes for Platform Disputes, such as a court
action or administrative proceeding, to settle disputes. You and Wi Digital
waive any right to a jury trial for Platform Disputes.
Instead of suing in court, we each agree to
settle Platform Disputes only by arbitration. The rules in arbitration are
different. There’s no judge or jury, and review is limited, but an arbitrator
can award the same damages and relief and must honor the same limitations
stated in the agreement as a court would.
To the extent, that a party commences any action
with includes both Platform Disputes and Non-Platform Disputes, consideration
of the Non-Platform Disputes shall be stayed until the Platform Disputes are
fully arbitrated. Then, any Non-Platform Disputes will be considered by any
court of competent jurisdiction.
You agree that you will not file a class action
against Wi Digital and its affiliated companies, or participate in a class
action against Wi Digital and its affiliated companies, in any Platform
Dispute. You agree that you will not file or seek a class arbitration, or
participate in a class arbitration against Wi Digital and its affiliated
companies, in any Platform Dispute.
23.
GENERAL
Any claim relating to, and the use of, this Site
and the materials contained herein is governed by the laws of the State of California,
U.S.A. You consent to the exclusive jurisdiction of the state and federal
courts located in Orange County, California. A printed version of these Terms
will be admissible in judicial and administrative proceedings based upon or
relating to these Terms to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form.
Except as prohibited by applicable New Jersey law, we do not guarantee
continuous, uninterrupted, or secure access to our Platform, and the operation
of the Platform may be interfered with by numerous factors outside of our
control.
If any provision of these Terms is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
You agree that the Terms may be automatically
assigned by Wi Digital in our sole discretion. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a breach by you or
others does not waive our right to act with respect to subsequent or similar
breaches. Sections 4 (User Generated Content – Your License to Us); 10 (Access
and Interference), 16 (Limitation of Liability), 17 (Legal Notice to New Jersey
Residents), 18 (Indemnity), and 19 (Release) shall survive any termination or
expiration of the Terms.
24.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Platform, we may act as a
"services provider" (as defined by DMCA) and offer services as an
online provider of materials and links to third-party Platforms. As a result,
third-party materials that we do not own or control may be transmitted, stored,
accessed, or otherwise made available using the Platform. If you believe any material
available via the Platform infringes a copyright, you should notify us using
the notice procedure for claimed infringement under the DMCA. We will respond
expeditiously to remove or disable access to the material claimed to be
infringing and will follow the procedures specified in the DMCA to resolve the
claim between the notifying party and the alleged infringer who provided the
Content.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has
been infringed; Identify the material on the Site that you claim is infringing,
with enough detail so that we may locate it on the Site; A statement by you
that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; A statement by you declaring under
penalty of perjury that (a) the above information in your notice is accurate,
and (b) that you are the owner of the copyright interest involved or that you
are authorized to act on behalf of that owner; your address, telephone number,
and email address; and your physical or electronic signature.
25.
CONTACT US; SMS TEXT TERMS
If you do not understand any of the foregoing
Terms or if you have any questions or comments, we invite you to contact our
Customer Service Department by email at customercare@widigitalsystems.com.com
or by calling 1-714-505-4567.
In some cases, you may be able to text our
customer service team. If you contact us via SMS text, you agree to these
terms: We will respond to you in one or more SMS messages. Standard message and
data rates may apply to any messages sent by us or you. Please contact your
wireless provider with any questions regarding text messaging or data rates and
plans. You represent and warrant that you have the authority to agree to
receive SMS messages on the telephone number that you have provided to us, or
from which you sent the SMS request to us. SMS messaging is not available in
all areas. Not all mobile devices or handsets may be supported. Wi
Digital is not responsible for delayed or undelivered messages. To stop
receiving SMS messages from Wi Digital customer service, send "STOP".
For additional help, please contact customer service through email or by
calling.
26.
COPYRIGHT AND TRADEMARKS NOTICE
All Site design, graphics, text selections,
arrangements, and all software are Copyright© 2023 Wi Digital Systems, Inc.
All trademarks, service marks, and trade names
of Wi Digital used herein (including but not limited to: the Wi Digital name,
the Wi Digital corporate logo and the Wi Design (collectively “Marks”) are
trademarks or registered trademarks of the Wi Digital Systems. You may not use,
copy, reproduce, republish, upload, post, transmit, distribute, or modify Wi
Digital trademarks in any way, including in advertising or publicity pertaining
to distribution of materials on this site, without Wi Digital's prior written
consent. The use of Wi Digital trademarks on any other Platform or network
computer environment is not allowed. This protects you, too. When you see the Wi
Digital marks, you can be sure of our quality and performance. Wi Digital
prohibits the use of Wi Digital trademarks as a “hot” link on or to any other
Platform unless the establishment of such a link is approved in advance.
27. Product retruns
Products may be returned to Wi Digital returned via the online returns portal for full refund within 14 days of receipt subject
to our
returns policy, which is available on our website. The following
restrictions may apply:
·
Liquidation products are
final sale and, therefore, may not be returned or exchanged.
·
Any
seasonal surcharges will be included in your order’s delivery total and
are non-refundable.
·
We do not refund the
shipping fee.
·
The customer may be
responsible for the return shipping costs
·
Product found to have
excessive wear consistent with heavy product use will be will be refused at our
option.
·
We reserve the right to
refuse any returned product if it appears the item has been abuse
·
Because personalized
products are made just for you, they are not returnable.
·
Some wearable products
are not eligible for returns or exchanges due to safety reasons.
28. refunds
Refunds are issued within 20 days of the
date the customer's order is received. The following restrictions may apply:
·
Product and packaging
MUST be in the same condition as when received.
·
Product may be subject
to a restocking fee up to 20%.
29. ENTIRE AGREEMENT
These Terms constitutes
the entire agreement between the user and Wi Digital and supersedes any prior
understandings or agreements (written or oral).